Defining the Prisoner of War in International Law: A Comparative Approach

2019 ◽  
pp. 30-76
Author(s):  
Renaud Morieux
Keyword(s):  
Twentieth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Comparative Approach ◽  
Prisoner Of War ◽  
National Belonging ◽  
Legal Norms ◽  
International Conventions ◽  
Specific Definition

The present-day category of the prisoner of war, in the form inherited from the international conventions of the twentieth century, needs to be deconstructed. One way of doing this is to confront official legal and administrative labels, and the ways in which they operated. This chapter considers the limits of international legal norms, which fail to encapsulate the complexity of the category. The focus is on groups whose very belonging to the category of the prisoner of war was questioned in the eighteenth century. Were the distinctions between ‘civilian’ and ‘combatant’ meaningful? How did they operate in practice? Were concepts of national belonging, ethnicity, religion, gender, or class important criteria for determining the treatment of captives? This chapter emphasizes the contingency of the category ‘prisoner of war’, its lack of clarity, and the dependence on particular situations to give it specific definition.

scholarly journals THE RIGHT TO ACQUIRE THE MOTHER'S NATIONALITY

2021 ◽  
Vol 03 (08) ◽  
pp. 225-240
Author(s):  
Hiba Thamer MAHMOOD
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Comparative Approach ◽  
Private International Law ◽  
Human Right ◽  
Applicable Law ◽  
Mother And Child ◽  
The Right ◽  
International Conventions ◽  
Nationality Law

Acquiring the mother's nationality is a human right in general and the rights of the mother and child in particular stipulated in international conventions and the Iraqi constitution in force for the year 2005, in addition, the Iraqi Nationality Law stipulates the mother’s right to transmit nationality to her children, but according to conditions previously set by the Iraqi legislature, because it helps to reduce the issue of statelessness, is considered one of the important and contemporary jurisprudence topics, which stirred controversy among legal jurists between supporters and opponents, especially Islamic law jurists because the child is attributed to his father, and the state legislations differed in it, as well as in the legal implications of acquiring the mother’s nationality, including dual nationality, applicable law, inheritance issues and other Private international law matters. Therefore, the research dealt with the topic according to the comparative approach in two topics, the first study on the child's right to the nationality of his mother and was divided into two demands, the first requirement is what is the mother’s nationality, and the second requirement is about equality in the right to acquire a nationality, while the second topic examined the foundations of acquiring the mother’s nationality In the Iraqi Nationality Law, it was divided into two topics: The first requirement is the cases of acquiring the mother’s nationality in the Iraqi Nationality Law. The second requirement relates to how to acquire the mother’s nationality and its implications. Through the foregoing, where a number of results and proposals have been reached, we found that the transmit of nationality from the mother to the child born in the territory of a state would be beneficial in the event that the father's nationality had been rejected for political reasons, the issue of granting nationality by the mother to her children helped in the transfer of inheritance from the mother to the children and the acquisition of ownership, especially real estate, which states require the foreigner to have multiple conditions for approval of ownership, where countries have to unify their legislation regarding the mother's right to grant citizenship to her children based on the right of blood to limit the problems of international law, such as the issue of determining the applicable law, Actual nationality and other matters‎‎. Keywords: Mother's Nationality, Human Rights, Gender Equality, Acquisition of Nationality, Discrimination Against Women, International Conventions

A Framework for the Legal Analysis of War-Peace Issues

1966 ◽  
Vol 60 (4) ◽  
pp. 728-734
Author(s):  
Kenneth Carlston
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
International Conflict ◽  
Interstate Conflict ◽  
Legal Analysis ◽  
Legal Tradition ◽  
Legal Norms ◽  
The Subject ◽  
And Function

To state the province and function of law in the control of war requires an understanding, in the broadest possible terms, of the nature of interstate conflict in the twentieth century. When such an understanding is reached, it will be seen that the traditional methodology of international law is inadequate for handling war-peace issues. While international lawyers should be faithful to the legal tradition of fact inquiry and judgment on the basis of legal norms, they should enlarge their perspective of international conflict and restructure their approach to the problem of war. The elaboration of this thesis is the subject of this note.

Afghanistan

2019 ◽  
pp. 674-700
Author(s):  
Veronica L. Taylor
Keyword(s):  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
Legal History ◽  
Legal Institutions ◽  
Legal Norms ◽  
Post Conflict ◽  
International Rule ◽  
Conflict Period

This chapter addresses international law in Afghanistan. States where the ‘post-conflict’ period is, in fact, a series of continuing sub-national conflicts, are often coded as ‘failed’ or ‘fragile’ and are also criticized as failing in their embrace of international law. In the case of Afghanistan, such ‘discourses of deficiency’ also erase some important legal history. For most of its history, Afghanistan has been contingent as a Westphalian state. This means that it has also had a fluid relationship with the institutions and norms of international law, including the normative discourse and practice of the international rule of law. Although Afghanistan has been a member of the United Nations since 1946, and thus a contributor to international law in the twentieth century, it is seen more as a subject of international law. After considering these issues, the chapter then highlights the complexity of Afghan’s location within, as well as its relationship with, international law, international legal institutions, and international legal norms.

From Slaves to Prisoners of War

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
Islamic Law ◽  
Political Identity ◽  
Economic Value ◽  
Prisoners Of War ◽  
Social Boundaries ◽  
Late Nineteenth Century ◽  
Prisoner Of War ◽  
Novel Concept

The Ottoman–Russian wars of the eighteenth century reshaped the map of Eurasia and the Middle East, but they also birthed a novel concept—the prisoner of war. For centuries, hundreds of thousands of captives, civilians and soldiers alike, crossed the legal and social boundaries of these empires, destined for either ransom or enslavement. But in the eighteenth century, the Ottoman state and its Russian rival, through conflict and diplomacy, worked out a new system of regional international law. Ransom was abolished; soldiers became prisoners of war; and some slaves gained new paths to release, while others were left entirely unprotected. These rules delineated sovereignty, redefined individuals’ relationships to states, and prioritized political identity over economic value. In the process, the Ottomans marked out a parallel, non-Western path toward elements of modern international law. Yet this was not a story of European imposition, or imitation—the Ottomans acted for their own reasons, maintaining their commitment to Islamic law. For a time even European empires played by these rules, until they were subsumed into the codified global law of war in the late nineteenth century. This story offers new perspectives on the histories of the Ottoman and Russian Empires, of slavery, and of international law.

Sources in the Scholastic Legacy

2018 ◽  
Author(s):  
Peter Haggenmacher
Keyword(s):  
Eighteenth Century ◽  
Sixteenth Century ◽  
International Law ◽  
Moral Philosophy ◽  
Natural Law ◽  
Legal Discourse ◽  
Thomas Aquinas ◽  
Legal Norms ◽  
Law Of Nations ◽  
Ius Gentium

This chapter enquires into the sources of international law in the scholastics. In fact the concept of sources of law obtained general currency in legal discourse, and how international law took shape as a legal discipline only after the heyday of scholasticism. But the two main pillars of what was to become classical international law in the eighteenth century—natural law and the law of nations—were both part of the theologians’ teachings of moral philosophy, especially with the Dominicans and later the Jesuits. Examining the two concepts handed down from Antiquity, Thomas Aquinas had assigned them distinct places in his system of legal norms, while fathoming their respective grounds of validity. His endeavours were continued by his sixteenth-century Spanish followers, who set out to explore the ‘internationalist’ dimensions of the Protean concept of ius gentium as well as the ‘fundamentalist’ properties of ius naturae.

scholarly journals The Journey towards “No Man's Land”: Interpreting the China-Korea Borderland within Imperial and Colonial Contexts

2017 ◽  
Vol 76 (4) ◽  
pp. 1035-1058 ◽  
Author(s):  
Nianshen Song
Keyword(s):  
Twentieth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Geographic Information ◽  
Legal Knowledge ◽  
Tumen River ◽  
Origin And Evolution ◽  
The Past ◽  
Japanese Colonial ◽  
No Man's Land

In the early twentieth century, the sovereignty of a territory north of the China-Korea Tumen River border was under severe dispute between China, Korea, and Japan. Based on a Jesuit memoir and map of Korea published in eighteenth-century Europe, a Japanese colonial bureaucrat and international law expert, Shinoda Jisaku, asserted that a vast region north of the China-Korea border should be regarded as a “no man's land.” Employing Chinese, Japanese, Korean, and European materials, this article traces the origin and evolution of such a definition. It demonstrates that the Jesuit map and description were based on false geographic information, which the Korean court deliberately provided to a Manchu official in 1713 in order to safeguard its interests. During prolonged intercommunication between diverse areas of the globe during the past three centuries, spatial and legal knowledge has been produced, reproduced, and transformed within imperial and colonial contexts.

Empire des Nègres Blancs: The Hybridity of International Personality and the Abyssinia Crisis of 1935–36

2011 ◽  
Vol 24 (4) ◽  
pp. 849-872 ◽  
Author(s):  
ROSE PARFITT
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Use Of Force ◽  
League Of Nations ◽  
Legal Norms ◽  
Entire World

AbstractThe ‘Abyssinia Crisis’ of 1935–36 – in which one League of Nations member (imperial Ethiopia) was annexed by another (Fascist Italy) – presents one of the clearest twentieth-century illustrations of international law's ‘progress narrative’. International lawyers are encouraged to draw a salutary lesson from the crisis: namely that Ethiopia's sovereignty – and, indeed, the peace of the entire world – might have survived the 1930s if only international law had been properly enforced. Yet, the assumption upon which this lesson depends – to the effect that Ethiopia's only discursive contribution to the crisis was passively to regurgitate the relevant clauses of the Covenant – is profoundly ideological. For this assumption effects a double suppression: erasing Ethiopia's strategic construction of a hybrid, partially Abyssinian international law from the discipline's memory; and concealing from scholarly view the possibility that Ethiopia's annexation might have resulted from actions that were in accordance with, rather than in violation of, interwar international legal norms regarding sovereignty and the use of force.

The Society of Prisoners

2019 ◽  
Author(s):  
Renaud Morieux
Keyword(s):  
Eighteenth Century ◽  
Social History ◽  
Social Relations ◽  
Prisoners Of War ◽  
Prisoner Of War ◽  
Clear Cut ◽  
Wide Range ◽  
Forced Migrations ◽  
History Of ◽  
International Conventions

War captivity is an ideal observatory to address three interrelated questions. First, I argue that in order to understand what a prisoner of war was in the eighteenth century, from a legal viewpoint, we must forget what we know about this notion, as it has been shaped by twentieth-century international conventions. In the eighteenth century, the distinction between a prisoner of war, a hostage, a criminal and a slave was not always clear-cut, in theory and even more so in practice. Second, war captivity tells us something important about the eighteenth-century state, how it transformed itself, and why it endured. The third approach is a social history of international relations. The aim here is to understand how eighteenth-century societies were impacted by war: how the detention of foreign enemies on home soil revealed and challenged social values, representations, hierarchies, and practices. The book’s argument hinges on the experience of prisoners of war as the pivot of social relations within and outside the prison, between Britons and French and between prisoners and host communities. War does not simply destroy society, but it also creates new sorts of social ties.The book addresses a wide range of topics, such as the ethics of war, philanthropy, forced migrations, the sociology of the prison and the architecture of detention places. One of its strengths is the sheer magnitude and diversity of the archival material used, in English and in French, most of which have been little explored by other historians.

The Evolution of Nonintervention

2020 ◽  
pp. 18-38
Author(s):  
Michael Poznansky
Keyword(s):  
Twentieth Century ◽  
Eighteenth Century ◽  
International Law ◽  
Historical Context ◽  
Great Powers ◽  
Responsibility To Protect ◽  
Postwar Period ◽  
The Future ◽  
Treaty Law

This chapter traces the evolution of the nonintervention principle from its inception in the mid-eighteenth century to its codification in international law two centuries later. Before nonintervention was formally codified, great powers largely ignored the wishes of international lawyers, philosophers, and smaller states by regularly pursuing overt intervention. Although foreign interference continued after nonintervention became treaty law in the mid-twentieth century, states were more likely to relegate such acts to the covert sphere despite the fact that doing so decreased their chances of success. Overt intervention became the exception. Understanding these dynamics provides historical context for the remaining chapters, helps justify the book’s focus on the postwar period, and offers a basis for examining how changes to the rules governing intervention such as the rise of the Responsibility to Protect doctrine may influence how states intervene abroad in the future.

scholarly journals GIRL CHILD RIGHTS :A COMPARATIVE STUDY BETWEEN INTERNATIONAL CONVENTIONS AND IRAQI LAW

2021 ◽  
Vol 03 (04) ◽  
pp. 320-334
Author(s):  
Hiba Thamer Mahmood AL-SAMAK
Keyword(s):  
International Law ◽  
Comparative Approach ◽  
Human Right ◽  
Girl Child ◽  
The Sustainable Development ◽  
Her Family ◽  
Rights Of The Child ◽  
Development Goals ◽  
Special Rules ◽  
International Conventions

Girls still suffer from violations for their rights, they are the first victims for violation of human right. pay attention to girls and terminate the matter of the discrimination against them, especially in the developing countries and build their personality to be themselves and their families able to face the future and to be pioneers influence the society, Therefore, the United Nations focused on the rights of girls and promised it one of the sustainable development goals that it seeks to achieve in 2030. However, we lack legislation and international conventions on the rights of the girl child, Convention on the Rights of the Child for 1989, and Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979 violation against them are considered the keystone of the rights of girls internationally. I shall use the comparative approach in my research methodology between the Iraqi law and the international conventions and agreements, in order to compare the general provisions, as well as mentioning the most serious violations of the rights of the girl child in Iraqi society and the provisions of Islamic Sharia regarding these violations. The study aims to find special rules for the girl child that distinguish her and grant her adequate rights from childhood, as I did not find anyone who addressed the rights of the girl child in Iraqi Republic in the light of international law, despite the serious violations of her rights, and we did not find the Iraqi legislator has sought or seek to develop legislations that limiting these violations. Thus, I shall search the problem in two researches, the first about what are the rights of the girl child, The second research is about the main rights of girls. The most important results I found that the rights of the girl child encouraged and helped girls to develop mentally, physically and psychologically, that contribute to the development of societies, and the most underdeveloped states are those that do not consider or pay attention to the rights of girls under the age of eighteen, With the need to pay attention to the education and upbringing of girls to be a leading woman in society and to be able to live and provide for her family.

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